1. Feeling aggrieved by the judgment of conviction and order of sentence dated 27.11.2001 passed by learned Special Judge, Gwalior in Special Case No.2/2001 convicting the appellant under sections 7, 13(a)(d) read with section 13(2) of the Prevention of Corruption Act, 1988 (in short "the Act") and sentencing him to suffer rigorous imprisonment of 1 year and fine of Rs.2,500/- in default further rigorous imprisonment of six months on first count and rigorous imprisonment of 1 year with a fine of Rs.2,500/- in default further rigorous imprisonment of 6 months on second count with a further stipulations that both the sentences shall run concurrently, the appellant has knocked the doors of this Court by preferring the appeal under section 374(2) of the Code of Criminal Procedure, 1973.

2. In brief the case of the prosecution is that Dashrath Singh Rawat (hereinafter referred to as "complainant") was having an electric connection provided by Madhya Pradesh Electricity Board in his flour mill. The electric meter become disordered as a result of which vide EX.P-4 dated 1.8.2000, he submitted an application to change the electric meter, since, the new electric meter was not available in the market. This application was addressed to Assistant Engineer of M.P. Electricity Board. In order to install a new meter, complainant met the appellant on 2.8.2000. It is said that appellant made a demand of illegal gratification of Rs.1,500/- from the complainant. Since the complainant was not desirous to give illegal gratification and was keen enough to get the appellant caught red handed, he submitted an application before the Special Police Establishment, Lokayukt, Gwalior which is EX.P-5 making complainant in it that appellant is making demand of illegal gratification of Rs.1,500/- in order to replace the electric meter.

3. On the basis of written complaint Ex.P-5, the law and the procedure envisaged under the Act as well as under Criminal Procedure Code set in motion. A tape-recorder was provided to the complainant by the Office of Special Police Establishment in order to record the conversation of bribe, as a result of which according to the prosecution again the complainant approached the appellant, who made the demand of illegal gratification from him. The transcript of tape-recorded conversation is EX.P-8. Thereafter, complainant again submitted another complaint EX.P-9 and on the basis of which, a Dehati Nalish Ex.P-10 was registered against the appellant.

4. The Panch witnesses B.L. Karare (not examined) and Narayan Prasad Kori (PW8) were called in the Office of the Special Police Establishment and before them the complaint was read over. Thereafter, a demonstration of the change of colour of phenolphthalein powder test was conducted in presence of these Panch witnesses and on submitting the two currency notes having denomination of Rs.500/- each and five currency notes having denomination of Rs.100/- each by the complainant, they were treated by phenolphthalein powder. The treated currency notes were kept in the pocket of the shirt of the complainant and he was specifically directed that before the demand of bribe is made by the appellant, he should not touch the treated currency notes.

5. According to the case of prosecution, the trap party proceeded to the Office of the appellant. The complainant was directed to go inside the Office and to give the treated currency notes to the appellant when he makes demand of bribe. The complainant was also accompanied by two Police Constables viz., Siyaram Sharma (PW7) and Ummaid Singh (not examined) to overhear what actually is being transpired between the complainant and the appellant at the time of transaction of giving and taking of the bribe.

6. It is the further case of the prosecution that complainant went inside the chamber of appellant but he was not found there and the complainant was informed that appellant is sitting in the chamber of Assistant Engineer viz., Mohan Babu Jain (PW3). The